Italy

[IT] New Provisions on Publishing

IRIS 2001-4:1/35

Maja Cappello

Autorità per le garanzie nelle comunicazioni (AGCOM)

On 7 March 2001, the Italian Parliament approved Act no. 62 on Publishing (Nuove norme sull'editoria e sui prodotti editoriali e modifiche alla legge 5 agosto 1981, n. 416). After long discussions on the Government's draft law (see IRIS 2000-7: 13) by the Camera dei Deputati (Chamber of Deputies) on 7 February 2001 and by the Senato della Repubblica (Senate), the law was eventually adopted on 21 February. It updates the twenty-year-old Publishing Act of 1981 (Disciplina delle imprese editrici e provvidneze per l'editoria, Legge of 5 August 1981, no. 416, in Gazzetta Ufficiale of 6 August 1981, no. 215).

Article 1 introduces a wide definition of editorial products, which are defined as such if printed on paper or in electronic format, provided that their purpose is to be distributed by any means or through radio and television broadcasting. Cinematography and discography products are excluded from this category. Article 2 brings previous legislation up to date with the requirements deriving from Community law, by explicitly stating that publishing activities may be carried out by enterprises established in a Member State of the European Union, and not only by Italian enterprises. Non-EU countries are entitled to the same treatment only where a reciprocity clause regulates their relations with Italy. Subsequent articles of the Act provide for financial contributions to publishing enterprises established in the European Union, but active in Italy, from a special fund. The European Commission will now be notified of the law under Council Regulation (EC) no. 659/1999, which lays down rules for the notification of new State aids.